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NEIGHBORHOOD COMMISSION
DRAFT REGULAR COMMISSION MEETING MINUTES
MONDAY, SEPTEMBER 28, 2009
CALL TO ORDER: Commission Chair Brendan Bailey called the meeting to order at 7:03 p.m.
Members Present: Sheila Apisa (arrived at 7:25 p.m.), Brendan Bailey, Bob Finley, Ed Gall, Wilson Ho, Ron Mobley, Jeanette Nekota, Bob Stubbs, and Sylvia Young.
Members Absent: None
Guests/Staff: Bert Narita (Chair, Diamond Head/Kapahulu/St. Louis Neighborhood Board No. 5); John Kim (Chair, Manoa Neighborhood Board No. 7), Tom Heinrich, Fredrick Lee (Members, Manoa Neighborhood Board No. 7); David Hilea, Jr. (Member, Ala Moana Neighborhood Board No. 11); Kimo Pickard, Sr. (Chair, Pearl City Neighborhood Board No. 21); Jon Chinen, Debbi Glanstein, Linda Ure (Members,
ROLL CALL OF COMMISSIONERS: A roll call of Commissioners was administered with a quorum of eight (8) members present (Bailey, Finley, Gall, Ho, Mobley, Nekota, Stubbs and Young).
CITY MONTHLY REPORTS:
Executive Secretary’s Report – Joan Manke reported the following:
Neighborhood Commission Office (NCO) Staff – Neighborhood Assistant, Peter Salbiejo, is on Family Leave for one-month.
Budget Restriction – The NCO is part of a city-wide effort to cut costs and has implemented budget restrictions resulting in the deletion of the refreshment fund for all neighborhood boards. Other restrictions include photo supplies, postage, computer equipment and subscriptions for periodicals. Consideration was given to maintain other areas of priority, such as the mailing of board minutes.
Commission Chair – No report at this time.
PUBLIC CONCERNS:
Agenda Template – It was noted that the Pearl City Neighborhood Board No. 21 is prepared to provide an evaluation on the agenda template with its 6-month trial period coming to an end in October. Changes are needed so as not to penalize community members who do not have the opportunity to hear information because certain items are placed at the end of the agenda. A member of the Manoa Neighborhood Board No. 7 echoed the same observation and noted the need for a written process to receive comments from the neighborhood boards. It was noted that the Manoa NB has been tasked to evaluate the template at their October 7 meeting after using the template for four meetings. Manke advised that a memo will be sent to the boards asking for their evaluations for the Commission's November meeting.
Budget Preparation – A concern was expressed about the budget preparation process for FY2011 which includes the next election cycle for neighborhood boards. A suggestion was made to utilize the NCO newsletter electronically to disseminate information in general.
Committees – It was noted that there has been a lack of input this evening for the committees of the Commission or opportunity to specifically raise questions related to the budget, training or Neighborhood Plan Committee. Specifically, questions related to how and when the Audit Matrix may be reviewed by the Commission and what the timetable may be for other committee meetings. There are many items for the Commission to deal with and there is concern that these matters will stack up given, holding to a two-hour meeting, with the next meeting scheduled for November 23.
Refreshment Fund – Questions were raised about alternatives for providing refreshments at board meetings. Can donations and contributions be received? If so, what is the process and would it require Council approval? The fund was started by the Managing Director in 1999.
Duties of Officers for Boards and Commission – §2-11-316 (a)(12), states the chair shall appoint and remove committee chairs and members, unless otherwise directed by the commission; However, under §2-14-123 (a)(12), it states the chair shall appoint and remove all committee chairs, unless otherwise directed by the board. This needs clarification as the Kailua Neighborhood Board No. 31 is working actively on trying to determine what the proper procedure is.
Duties of Officers for Board Secretary – § 2-14-123(d)(3) and (4), states it shall be the duty of the secretary to ensure accurate minutes of the board meetings are taken; and assist the chair with the maintenance of records of the board’s proceedings. The
APPROVAL OF MINUTES:
Regular Meetings – The Regular Meeting minutes of June 22, 2009 and July 27, 2009 were APPROVED as CIRCULATED (Gall abstained). Relative to information in the June 22, 2009 minutes stating that 225 board members are certified in Sunshine Law, a question was raised as to when the next Sunshine Law training session will be held. Manke advised that communication is ongoing with the Mayor's Office to set a date in the near future.
Special Meetings – The Special Meeting minutes of July 6, 2009 and August 31, 2009 were APPROVED as CIRCULATED (Gall abstained regarding the July 6, 2009 minutes).
Apisa arrived at 7:25 p.m.; nine (9) members present.
EXECUTIVE SESSION:
Finley moved, and Young seconded, to enter into Executive Session pursuant to Hawaii Revised Statutes Section 92-4 & 92-5(a)(4) & (8) for the purpose of consulting with the Neighborhood Commission's Legal Counsel on questions and issues pertaining to the Commission's powers, duties, privileges, immunities, and liabilities, including the review and approval of Executive Session minutes for April 20, 2009, May 18, 2009 and May 26, 2009. MOTION PASSED BY A ROLL CALL VOTE, 9-0-0 (AYE: Apisa, Bailey, Finley, Gall, Ho, Mobley, Nekota, Stubbs and Young).
S. Glanstein provided copies of his letter to the NCO requesting copies of executive session minutes. He also provided a copy of correspondence advising that the matter was referred to Corporation Counsel and noted that the number of executive sessions have increased over the past years and that there has been adequate time for a response to his request.
Executive Session convened at 7:28 p.m. and ended at 7:40 p.m., at which time agenda items continued.
COMMISSION BUSINESS:
Filling of vacant seat(s) on the Kalihi-Palama Neighborhood Board No. 15 pursuant to Section 2-14-104(e) of the 2008 Neighborhood Plan – Manke explained that the Kalihi-Palama NB has failed to achieve a quorum of ten board members due to member absences. The board has not been able to conduct its business since its new term began in July. The board has 19 seats, of which 11 are filled. She noted that contact has been made with a possible candidate, but that there was no definitive response and there were no candidates present for the Commission to make any appointment to the board. Discussion followed as to what options or alternative actions can the Commission take to resolve this issue. Suggestions were made to consider sanctions or temporary recess of the board, or to reduce the number of board members or change its representation of subdistricts or at-large seats. Sections of the Plan that was referred to included §2-15-108 and §2-18-204. It was expressed that more information is needed regarding the residential areas and subdistrict boundaries, and that board members should be invited to the next Commission meeting for their input and dialogue.
Young moved, and Stubbs seconded, to defer this agenda item to the next Commission meeting. MOTION PASSED BY UNANIMOUS CONSENT, 9-0-0 (AYE: Apisa, Bailey, Finley, Gall, Ho, Mobley, Nekota, Stubbs and Young).
COMMISSION BUSINESS:
Filling of vacant seat(s) on the Nuuanu/Punchbowl Neighborhood Board No. 12 pursuant to Section 2-14-104(e) of the 2008 Neighborhood Plan – Commissioner Young recused herself in the deliberation and decision-making of this matter in that she is the Chair Pro Tem of the Nuuanu/Punchbowl NB. Manke explained that Nuuanu/Punchbowl NB has failed to achieve a quorum of eight board members due to member absences. The board has not been able to conduct its business since its new term began in July. The board has 15 seats, of which 8 are filled. Manke also noted that of its elected members, two were sworn-in at the Installation Ceremony on June 20 and the remaining members needed to be sworn-in within 30 days of the date of their new term in accordance with new provisions in the 2008 Neighborhood Plan. This was not accomplished. She asked the Commission to consider appointing the following six members to the seats to which they were elected: James Bannan, Jay Fidell, Alexander Garcia, Audrey Hidano, James Marn, and Philip Nerney.
Philip Nerney and Audrey Hidano were in attendance and expressed their interest for appointment to continue their service on the Nuuanu/Punchbowl Neighborhood Board. They noted that they were sworn-in at their August meeting; however, this was beyond the 30-day deadline.
Discussion continued and public comments were received suggesting the need to keep the 30-day deadline requirement and that this provision may need to be revisited by the Neighborhood Plan Committee. A suggestion was made to maintain a "flow chart" with training and hard copies of the Plan for distribution to board members highlighting this new provision. This information should also be included in the Guidebook and made a part of the congratulatory letter that is sent to newly elected board members.
As Chair Pro Tem of the board, Young explained the history of the board's need to fill vacancies, leading to the need to bring this matter to the Commission for action.
It was noted that there are three additional candidates who have expressed their interest for appointment. They are Nicole Hori, Kathleen Hodai and Mason Aiona. Hori was present and expressed her desire for appointment to the board.
Nekota moved, and Ho seconded, to appoint the following six board members to the seats to which they were elected and who were not sworn-in within the 30-day deadline: James Bannan, Jay Fidell, Alexander Garcia, Audrey Hidano, James Marn, and Philip Nerney; and to appoint the following three additional candidates: Nicole Hori, Kathleen Hodai and Mason Aiona. MOTION PASSED, 8-0-1 (AYE: Apisa, Bailey, Finley, Gall, Ho, Mobley, Nekota and Stubbs; RECUSED: Young).
Action regarding Petition for Amendment of the Rules in Subtitle 2 (Neighborhood Commission) in accordance with §2-11-104 of the Rules and Procedures of the Neighborhood Commission submitted by Steve Glanstein on July 6, 2009, which was withdrawn and resubmitted on August 31, 2009 – Discussion focused on how to proceed with the handling of this petition which requires action by the Commission within 30-days; whether it should be denied and referred to the Neighborhood Plan Committee of the Whole (Committee) or accepted and referred to the Committee for its recommendations. It was noted that a denial would require the petition to be submitted again for consideration. A major point raised is that the Committee was formed to review all recommended amendments and not for petitions to be considered separately with the need to meet within the 30-day deadline. A suggestion was made to accept the petition and all future petitions with the intent to refer them to the Committee. Other suggestions were made that amendment requests may also be submitted informally via email to NCO or to the Chair of the Committee, without the need for formal petitions.
Mobley moved, and Apisa seconded, to accept the Petition for Amendment of the Rules in Subtitle 2 (Neighborhood Commission) in accordance with §2-11-104 of the Rules and Procedures of the Neighborhood Commission submitted by Steve Glanstein, and all future petitions, and refer petitions to the Neighborhood Plan Committee of the Whole for its recommendations to the Commission.
Questions were raised about "future petitions" and that these petitions must be brought to the Commission at the time of its submission and action taken within 30 days. Suggestions were made to amend the motion.
Mobley moved, and Apisa seconded, to amend the motion by deleting "all future petitions." MOTION TO AMEND PASSED BY UNANIMOUS CONSENT, 9-0-0 (AYE: Apisa, Bailey, Finley, Gall, Ho, Mobley, Nekota, Stubbs and Young).
THE MAIN MOTION, AS AMENDED, PASSED BY UNANIMOUS CONSENT, 9-0-0 (AYE: Apisa, Bailey, Finley, Gall, Ho, Mobley, Nekota, Stubbs and Young).
ANNOUNCEMENTS:
Next Regular Meeting – The Commission will meet on Monday, November 23, 2009, at 7:00 p.m. at Honolulu Hale, Council Meeting Room.
Neighborhood Plan Committee Meeting – Committee Chair Finley announced that he has begun compiling the information for the committee’s review and will schedule a meeting date on a Saturday in October.
ADJOURNMENT: The meeting adjourned at 8: 35 p.m.
Submitted by:
Linnie Pascual
Neighborhood Assistant